K.Ravi v. The Superintendent Of Police (West)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.05.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Ravi
...Petitioner in Crl.O.P.No.10526 of 2023
A.Varadarassou
...Petitioner in Crl.O.P.No.10530 of 2023
Vs.
1.The Superintendent of Police (West), Office of the Superintendent of Police, By Pass Road, Villianur, Puducherry.
2.The Inspector of Police, Thirubuvanai Police Station, Thirubuvanai, Puducherry.
...Respondent in both Crl.O.Ps.
COMMON PRAYER: Criminal Original Petitions filed under Section 482 Cr.P.C. praying to direct the respondent not to harass the petitioners. In both Crl.O.Ps For Petitioner : Mr.B.Balavijayan For Respondent : Mr.K.S.Mohandoss Public Prosecutor (Pondicherry)
COMMON ORDER These petitions have been filed seeking direction to the respondent not to harass the petitioners.
2.The learned counsel appearing for the petitioners submits that the respondent police harassed the petitioners under the guise of enquiry. 3.The learned Public Prosecutor (Pondicherry) appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioners, petition enquiry is pending. 4.Heard the learned Counsel for the petitioners and learned Public Prosecutor (Pondicherry) for the respondent police. 5.It is the grievance of the petitioners that the respondent police have been harassing them under the guise of an enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 482 of Cr.P.C.
6.An enquiry into a non cognizable offence or a cognizable offence
is the unfettered powers of the Investigation Officers so long as the power to investigate/enquire into these offences are legitimately exercised within the frame work of Chapter XII of the Code of Criminal Procedure. Though the Code of Criminal Procedure empowers the Magistrate to be a guardian in all the stages of the police investigation, there is no power envisaging him to interfere with the actual investigation or the mode of investigation. It is in this background that numerous petitions complaining of harassment are being reported and filed before this Court seeking for directions to refrain the police officials from harassing the persons named in a complaint. 7.This Court, exercising its power under Section 482 of the Criminal Procedure Code normally would not interfere with the investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of investigation is brought to its notice. 8.In the present case in hand, the petitioners have complained of
harassment by the police based on a complaint and seek for this Court's intervention by way of a direction. The term 'harassment' by itself has a very wide meaning and hence, what could be harassment to the petitioners may not be the same to the police officer. 9.In order to circumvent such situations, the following guidelines are issued:
a)While summoning any person named in the complaint or any witness to the incident complained of, the police officer shall summon such person through a written summon under Section 160 Cr.P.C., specifying a particular date and time for appearing before them for such an enquiry/investigation.
b)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station. c)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation. d)The guidelines stipulated for preliminary enquiry or registration of FIR by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered
to.
10.
With the above observations and directions, the Criminal Original Petitions are disposed off.
05.05.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order vkr To 1.The Superintendent of Police (West), Office of the Superintendent of Police, By Pass Road, Villianur, Puducherry.
2.The Inspector of Police, Thirubuvanai Police Station, Thirubuvanai, Puducherry.
3.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J vkr 05.05.2023